Coppen Estates. . . .Sheffield

[Jeffrey Shaw 90]

Coppen often does not reply to letters. The only  way to elicit a response is by buying the f/r (freehold reversion) and serving a Notice of Claim [Leasehold Reform Act 1967]. I do not recommend trying this unaided.

 

But it's usually not cost-effective to buy the f/r unless:

a. the lease has an unexpired term of less that 100yrs; or

b. you wish to alter the house AND the lease restricts your freedom to do this (i.e. the purchase of f/r would be better value than paying £££ for a consent fee but remaining a leaseholder).

[geared 315]

Although establishing contact is not easy and very time consuming, so getting consent for changes AND paying a fee might leave a sufficiently bad enough taste that you decide to cut them out of your life and purchase the freehold reversion.

 

 

[Gza66 10]

So do I need to pay the £45 for not using a specific insurer or not? I’m not sure I understand what’s been added below. We have always paid it.

 

Jeffrey thank you for your reply with regards to purchasing the free hold and if it’s worth it. 
 

Part of the problem is not knowing how much it costs to make any changes to the property as making contact with Coppen is so difficult. We are currently wanting to put a single storey extension on and I’ve no idea how much it would cost to get their approval. This is  partly why I’m looking at purchasing the FH. 
 

As Geared says, it such a hassle dealing with them that purchasing the freehold might be the best option. 
 
Im not even aware of what approval is needed for what changes. If we had to go through a long process every time we want to make changes to the property, it would be painful.

 

What would be the penalty for just going ahead and making changes to a leasehold without approval from a freeholder? 

Edited March 14, 2020 by Gza66

[geared 315]

You don't have to pay them a penny so long as you comply with the relevant legislation, which has already been quoted a few posts up.

[Jeffrey Shaw 90]

On 14/03/2020 at 10:45, Gza66 said:

Part of the problem is not knowing how much it costs to make any changes to the property as making contact with Coppen is so difficult. We are currently wanting to put a single storey extension on and I’ve no idea how much it would cost to get their approval...

 

Im not even aware of what approval is needed for what changes. If we had to go through a long process every time we want to make changes to the property, it would be painful.

 

What would be the penalty for just going ahead and making changes to a leasehold without approval from a freeholder? 

Much depends on the precise wording of your lease.

Also see s.19(2) of the Landlord and Tenant Act 1927 (yes, really!) http://www.legislation.gov.uk/ukpga/Geo5/17-18/36/section/19

A relevant extract follows, with my underlining added:

 

(2) In all leases whether made before or after the commencement of this Act containing a covenant condition or agreement against the making of improvements without a licence or consent, such covenant condition or agreement shall be deemed, notwithstanding any express provision to the contrary, to be subject to a proviso that such licence or consent is not to be unreasonably withheld; but this proviso does not preclude the right to require as a condition of such licence or consent the payment of a reasonable sum in respect of any damage to or diminution in the value of the premises or any neighbouring premises belonging to the landlord, and of any legal or other expenses properly incurred in connection with such licence or consent nor, in the case of an improvement which does not add to the letting value of the holding, does it preclude the right to require as a condition of such licence or consent, where such a requirement would be reasonable, an undertaking on the part of the tenant to reinstate the premises in the condition in which they were before the improvement was executed.

 

 

[Gza66 10]

Thanks Jeffrey. I’ve got to say I don’t really understand what’s that telling me.  Our lease was hand written in 1938 and it a hard read. I reckon if I ask them about the process of getting approval for a single extension . I’ll never hear back from them.

 

From what’s been said on here I probably don’t need to buy the freehold. However, at least there is a way of getting their attention for the purchase via a solicitor. 

How could I get them to respond to the request for approval?? All the while I’m having to wait  before I can start the extension. 

 

As it happens, we wouldn’t have started it this year now, with Coronavirus lurking. Nevertheless, still very frustrating. 
 

Stay safe, stay indoors 🙂
 

 

[Jeffrey Shaw 90]

As with most Coppen-related problems, there are no easy answers nor are any quick or cheap.

You need proper and paid-for advice in grappling with Coppen.

 

But briefly: s.19(2) precludes any lump sum demands; they would count as unreasonable withholding of consent.

All that L can charge is its reasonable fees for issuing consent.

[Gza66 10]

Thanks Jeffrey. You’re very helpful. Much appreciated. 
 

So if we went ahead and built with out permission. They couldn’t fine us. They can only charge for permission, according to the act? 
 

[feline01 10]

Hi All,

 

A couple of questions on behalf of my relative...

 

If a lease has been extended and now has over 100 years left on it, is it still possible to purchase the freehold ?

Also if it can be purchased is the cost worked out by a formula? And if so what is that formula?

 

Many thanks

[spider1 11]

20 hours ago, feline01 said:

Hi All,

 

A couple of questions on behalf of my relative...

 

If a lease has been extended and now has over 100 years left on it, is it still possible to purchase the freehold ?

Also if it can be purchased is the cost worked out by a formula? And if so what is that formula?

 

Many thanks

Yes but with copen estates you will need J  Shaw  or you will pull your hair out 

[Jeffrey Shaw 90]

21 hours ago, feline01 said:

Hi All,

 

A couple of questions on behalf of my relative...

 

If a lease has been extended and now has over 100 years left on it, is it still possible to purchase the freehold ?

Also if it can be purchased is the cost worked out by a formula? And if so what is that formula?

 

Many thanks

[Thank you, Spider1 !]

 

Answer: yes, you can.

A tenant (leaseholder) of a house on which there's already been a statutory extension lease (Deed of Surrender and Regrant) cannot have another- s.16(1)(b) of the Leasehold Reform Act 1967, shown below.

 

But that does not preclude purchase of the freehold reversion as long as T has owned the leasehold for at least two years.

 

16. Exclusion of further rights after extension.

(1) Subject to subsections (2) and (3) below, where a tenancy of a house and premises has been extended under section 14 above, then as regards any property comprised in the extended tenancy:

. . . .

(b) there shall be no further right to an extension of the tenancy under this Part of this Act..

 

There's no fixed price formula. The f/r cost depends greatly on the lease's unexpired term and- to a lesser extent- on the amount of ground rent and the house's total value.

[Ianh29 0]

Can anyone please help with this leasehold problem etc with Coppen Estates to whom the ground rent is paid for my late brother-in-law's bungalow  which has been empty since 31st July last year when he died. My wife is an executor of his estate and we've taken out specialist empty house insurance but didn't know at the time we should tell Coppen. The sale is near completion but our solicitor has received a demand from Coppen for £270 for annual insurance approval charges/damages for breach of insurance covenant which suggests my brother in law didn't tell them either perhaps. They also indicate the purchaser will be charged £45 per annum for the same approval. Are these charges legal or allowable or can we reject them safely without compromising the sale and transfer of the lease to the purchaser. The copy lease I have doesn't mention charges for the Insurance approval.

Additionally Coppen say they unaware of the Freeholder's consent(whoever they are) to any extensions/alterations and require details of any and will "revert with their fuller requirements". The property was built in 1970 and there is a kitchen extension, garage and car port which we think were done in the early 1970s and are therefore lawful. Obviously we have no idea if the Managing Agent at the time was notified in order to get consent (it might not have been Coppen) and the bungalow was sold at least twice when my brother in law moved in in 1998. Therefore if Coppen come back with charges for non-notification and retrospective consent then we feel we are not liable for those but I would appreciate any comments and advice on this please.

Edited June 4, 2020 by Ianh29